2012 (8) TMI 439 - HC - Wealth-tax

Rejection of application for registration as a valuer of plant and machinery u/s 34AB of the Wealth Tax Act - Held that - The degree in production engineering as possessed by the assessee has been recognized as a qualification equivalent to a degree in mechanical or electrical engineering for appointment to superior services and posts of Central Government as prescribed under Rule 8A (8)(i) of the Wealth Tax Rules, 1957 - The application dated 26th June, 2011 being rejected only on the ground that the previous application had been rejected - being a fresh application, the Chief Commissioner of Income Tax is obliged to consider the same on its merits - in favour of assessee.

Summary

Issues:
Challenge to rejection of application for registration as a valuer of plant and machinery under Section 34AB of the Wealth Tax Act, 1957.

Analysis:
The petitioner, a Chartered Engineer, challenged the rejection of his application for registration as a valuer of plant and machinery under Section 34AB of the Wealth Tax Act, 1957. The Chief Commissioner of Income Tax rejected the petitioner's initial application on the grounds of not meeting the prescribed qualifications under Rule 8A(8)(i) of the Wealth Tax Rules, 1957. The petitioner then submitted a fresh application relying on Rule 8A(8)(i)(C) and provided evidence that a degree in production engineering is equivalent to mechanical engineering for recruitment to superior services under the Central Government. However, this fresh application was also rejected without considering the evidence presented by the petitioner.

The petitioner argued that the rejection of the fresh application was a breach of natural justice as it did not address the application's merits and merely cited the previous rejection. The petitioner contended that he is qualified to be appointed as a registered valuer under Section 34AB of the Act, supported by evidence of production engineering being recognized as equivalent to mechanical engineering for Central Government posts. On the other hand, the respondent supported the rejection, asserting that the petitioner did not meet the qualifications for the valuer position.

The Court noted that the rejection of the fresh application solely based on the previous rejection was improper. The petitioner had provided evidence supporting the equivalence of production engineering to mechanical engineering, as per Rule 8A(8)(i)(C) of the Rules. The Court held that it was not within its purview to decide on equivalence, and directed the Chief Commissioner of Income Tax to reconsider the fresh application on its merits in accordance with the relevant Rules.

In conclusion, the Court set aside the rejection of the fresh application and instructed the Chief Commissioner of Income Tax to review the petitioner's application based on its merits, emphasizing the need for a proper consideration of the evidence provided. The petition was disposed of with no order as to costs.